- 7 - by the taxpayer in carrying on the activity; (4) the expectation by the taxpayer that the assets used in the activity may appreciate in value; (5) the success of the taxpayer in carrying on other similar or dissimilar activities; (6) the taxpayer’s history of income or losses with respect to the activity; (7) the amount of occasional profits earned by the taxpayer, if any; (8) the financial status of the taxpayer; and (9) elements of recreation or personal pleasure in the taxpayer’s carrying on the activity. Although no single factor is conclusive, a record of substantial losses over many years and the unlikelihood of achieving a profit are important factors bearing on whether the taxpayer had a profit objective in carrying on the activity. Golanty v. Commissioner, supra at 426; sec. 1.183-2(b)(6), Income Tax Regs. Generally, the profit-objective test looks for a profit on the entire activity, including profits to recoup losses from prior years. Golanty v. Commissioner, supra at 427 (citing Bessenyey v. Commissioner, 45 T.C. 261, 274 (1965), affd. 379 F.2d 252 (2d Cir. 1967)). Substantial income from sources other than the activity, particularly where the activity generates large losses that result in substantial tax benefits, may indicate that the activity is not engaged in for profit, especially if the activityPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011